Cultural and Recreational Lands Act 1963 (Vic)

Version No. 023

Cultural and Recreational Lands Act 1963

No. 7101 of 1963

Version incorporating amendments as at

1 August 2018

TABLE OF PROVISIONS

Section  Page

1Short title

2Definitions

2AOrders declaring recreational lands

3Compulsory acquisition of recreational lands

4Rates

5Charges for services provided to recreational lands

6Question on operation or application of Act determined by Minister

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 023

Cultural and Recreational Lands Act 1963

No. 7101 of 1963

Version incorporating amendments as at

1 August 2018

An Act to amend the Law in relation to the Acquisition and Rating of Certain Lands used for Cultural Recreational Sporting and similar purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title

This Act may be cited as the Cultural and Recreational Lands Act 1963.

2Definitions

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recreational lands means—

(a)lands which are—

(i)vested in or occupied by any body corporate or unincorporate which exists for the purpose of providing or promoting cultural or sporting recreational or similar facilities or objectives and which applies its profits in promoting its objects and prohibits the payment of any dividend or amount to its members; and

(ii)used for out-door sporting recreational or cultural purposes or similar out-door activities; or

(b)lands which are used primarily as agricultural showgrounds; or

(ba)the Reserve within the meaning of the Caulfield Racecourse Reserve Act 2017; or

(c)the Melbourne Cricket Ground (which has the same meaning as Ground has in the Melbourne Cricket Ground Act 2009); or

(d)the Flemington Racecourse land within the meaning of the Victoria Racing Club Act 2006; or

(e)the national tennis centre land within the meaning of section 4 of the Melbourne and Olympic Parks Act 1985; or

(f)lands (whether or not otherwise rateable) which are declared by Order of the Governor in Council under section 2A to be recreational lands—

but does not in the case of lands referred to in subparagraph (i) of paragraph (a) of this interpretation include lands which are not held for an estate in fee simple by any such body unless such lands are held under a lease or licence from the Crown or from a municipal council.

2AOrders declaring recreational lands

(1)The Governor in Council may by Order published in the Government Gazette, declare lands specified in the Order which comply with paragraph (a)(i) of the definition of recreational lands in section 2 to be recreational lands.

(2)An Order under subsection (1)—

(a)takes effect from the date on which it is made; and

(b)is not invalidated by a failure to publish it in the Government Gazette.

3Compulsory acquisition of recreational lands

Notwithstanding anything in any Act or enactment the power conferred by or under any Act to compulsorily acquire land shall not extend to the compulsory acquisition of any recreational lands but nothing in this section shall operate to prevent the acquisition of such lands by agreement or the compulsory acquisition of recreational lands by or under any Act which authorizes the compulsory acquisition of specific recreational lands.

4Rates

(1)Notwithstanding the provisions of any Act or enactment relating to the making and levying of rates by a municipal council in lieu of the rates that would otherwise be payable to a municipal council in respect of recreational lands there shall be paid to the municipal council as rates in each year such amount as the municipal council thinks reasonable having regard to the services provided by the municipal council in relation to such lands and having regard to the benefit to the community derived from such recreational lands.

(2)Any body which is aggrieved by the amount determined by a municipal council pursuant to subsection (1) of this section may appeal to the Minister who must determine the amounts to be paid to the municipal council as rates and every such determination shall be final and shall be given effect to by the municipal council and by the body concerned.

(3)Subject to subsection (4) of this section every such determination of the municipal council or of the Minister (as the case may be) shall operate until such time as a new valuation in respect of the municipal district or ward in which such recreational lands are situated is made and returned to the municipal council.

(4)Where during the operation of any such determination the rates made and levied for any year by a municipal council in respect of a municipal district or ward in which any recreational lands are situated are at an amount in the dollar greater than the amount in the dollar of the rates made and levied in the first year in which that determination operated, the rates made and levied for that year shall be increased by such proportion as the amount in the dollar of the new rates bears to the amount in the dollar of the rates made and levied in such first year.

(5)Where any lands which—

(i)are rateable under the Local Government Act 1989; and

(ii)are recreational lands—

cease to be recreational lands there shall be payable as rates to the municipal council an amount equal to the difference between the total of the amounts which were payable in respect of such lands for each of the ten years immediately preceding the land so ceasing to be recreational land and the total of the amounts of the rates that would have been payable in respect of such land in each of those years if this Act had not applied to such lands and such lands had been valued in each of those years on the basis that the value of such lands was its value immediately after such lands so ceased to be recreational lands.

5Charges for services provided to recreational lands

(1)Recreational lands shall not be rateable land for the purpose of any rate levied by or under any Act other than the Local Government Act 1989, but notwithstanding anything in any Act or enactment any body which but for this section might have made and levied a rate in respect of recreational lands shall be entitled to impose and collect a reasonable charge for any service provided or available to any recreational lands.

(2)The amount of any charge to be paid under the preceding subsection shall be such amount as is determined by any by-law or regulation approved by the Governor in Council, or in the absence of such by-law or regulation, such amount as is agreed between the occupier of the lands and the body imposing the charge, or in default of such agreement such amount as is determined by the Minister.

6Question on operation or application of Act determined by Minister

Any question difference or dispute arising between any body corporate or unincorporate and any municipal council or any other rating authority with respect to the application or operation of this Act may be finally and conclusively determined by the Minister.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Cultural and Recreational Lands Act 1963 was assented to on 10 December 1963 and came into operation on 10 December 1963.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Cultural and Recreational Lands Act 1963 by Acts and subordinate instruments.

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Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 items 22.1–2.9, 22.11, 22.14) on 1.11.89: Government Gazette 1.11.89 p. 2798; s. 4(1)(Sch. 2 items 22.10, 22.12, 22.13) on 1.10.92: Government Gazette 23.9.92 p. 2789
CurrentState:	This information relates only to the provisions amending the Cultural and Recreational Lands Act 1963

Cultural and Recreational Lands (Amendment) Act 1990, No. 3/1990

Assent Date:	3.4.90
Commencement Date:	S. 4(1) on 1.10.89: s. 2(2); rest of Act on 3.4.90: s. (1)
CurrentState:	All of Act in operation

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 33) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provisions amending the Cultural and Recreational Lands Act 1963

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 15) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provisions amending the Cultural and Recreational Lands Act 1963

Victoria Racing Club Act 2006, No. 40/2006

Assent Date:	20.6.06
Commencement Date:	S. 43 on 1.8.06: Government Gazette 27.7.06 p. 1534
CurrentState:	This information relates only to the provision/s amending the Cultural and Recreational Lands Act 1963

Melbourne Cricket Ground Act 2009, No. 15/2009

Assent Date:	7.4.09
Commencement Date:	S. 36(1) on 8.4.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Cultural and Recreational Lands Act 1963

Caulfield Racecourse Reserve Act 2017, No. 58/2017

Assent Date:	22.11.17
Commencement Date:	S. 54 on 1.8.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Cultural and Recreational Lands Act 1963

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3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.